I do not normally post this type of thing and just wanted to see if anyone had experience dealing with employment law. This is a friend who works in TN that was let go recently and feels confident that his/her position will be replaced as soon as she separates from the company. Last day of employment is November 2nd and this is employee is receiving 1 month's severance after about 1 year with the company. There is the following clauses that sounds ironclad on preventing this person from filing a lawsuit based on anything protecting this person (again double protection for this individual). Thoughts from anyone with an employment law background as my friend doesn't have the funds to hire an attorney at this time? Thanks in advance.
General Release of All Claims. In exchange for the consideration set forth in paragraph "2" above, Employee, and on behalf on his or her heirs, executors, administrators, successors, and assigns, knowingly and voluntarily releases and forever discharges the Company, and each and every one of its affiliates, subsidiaries, parents, components, departments, predecessors, and their respective past and present successors, assigns, agents, officers, board members, executives, administrators, employees, directors, shareholders, representatives, and insurers, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries, and counsel thereto, (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, fixed or contingent, or of any other nature whatsoever which the Employee has or may have against Releasees as of the date of execution of this Agreement and related to or arising out of his employment with Company, including, but not limited to, any alleged violation of:
a. Title VII of the Civil Rights Act of 1964;
b. Sections 1981 through 1988 of Title 42 of the United States Code;
c. The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified benefit plan);
d. The Immigration Reform and Control Act;
e. The Americans with Disabilities Act of 1990;
f. The Age Discrimination in Employment Act of 1967 (“ADEA”);
g. The Worker Adjustment and Retraining Notification Act;
h. The Fair Credit Reporting Act;
i. The Family and Medical Leave Act;
j. The Equal Pay Act;
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k. Tennessee Fair Employment Practices Law; l. Tennessee Handicap Discrimination Law; m. Tennessee Whistle Blower Protection; n. Miscellaneous Tennessee wage provisions, Tenn. Code Rev. Ann. 50-2-102 et seq.; o. Tennessee Equal Pay Law p. Tennessee Workers’ Compensation Retaliation Law
q. any other federal, state or local law, rule, regulation, or ordinance;
r. any public policy, contract, tort, or common law; or
s. any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters.
t. Nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating or cooperating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) or any state or local agency. Notwithstanding the foregoing, Employee hereby waives his or her right to recover individual relief in any such charge, complaint or lawsuit filed by Employee or anyone on his or her behalf.
u. Notwithstanding anything to the contrary in this Agreement, the waiver and release contained in this Agreement shall exclude any rights or claims that (a) may arise after the date on which Employee executes this Agreement; or (b) cannot be released under applicable law (such as worker’s compensation and unemployment insurance claims). In addition, the parties agree that this Agreement shall not adversely affect, alter, or extinguish any vested right that Employee may have with respect to any pension or other retirement benefits to which Employee is or will be entitled by virtue of Employee’s employment with the Company, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Moreover, nothing in this Agreement shall prevent or preclude Employee from challenging in good faith the validity of this Agreement, nor does it impose any conditions precedent, penalties, or costs for doing so, unless specifically authorized by applicable law.
5. Release of ADEA Claims. Without limiting its scope in any way, Employee certifies that this Agreement is a knowing and voluntary waiver of any and all rights or claims that exist or that he has or may claim to have under the ADEA, as amended by the Older Workers’ Benefit Protection Act of 1990 (“OWBPA”). Employee acknowledges that:
a. Employee has read and to fully understands the terms of this Agreement and the effect of signing the same. Employee further acknowledges voluntarily entering into this Agreement;
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b. the consideration provided pursuant to this Agreement exceeds that to which Employee would otherwise be entitled upon termination of employment without providing a release of claims;
c. Employee has been and is hereby recommended in writing to consult with an attorney prior to signing this Agreement;
d. Employee has been provided a full and reasonable opportunity to study and consider this Agreement with his or her counsel before signing it, including a period of 21 calendar days to consider it;
e. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any way the original 21 calendar day consideration period;
f. to the extent that Employee takes less than 21 calendar days to consider this Agreement prior to execution, Employee acknowledges that he or she had sufficient time to consider this Agreement with his or her counsel and that he or she expressly, voluntarily and knowingly waives any additional time; and
g. Employee is aware of his or her right to revoke this Agreement within the 7 day period following the date he or she signs it, and that if Employee does not revoke during the 7-day revocation period, this Agreement will take effect on the eighth (8th) day after the date he or she executed the Agreement.
General Release of All Claims. In exchange for the consideration set forth in paragraph "2" above, Employee, and on behalf on his or her heirs, executors, administrators, successors, and assigns, knowingly and voluntarily releases and forever discharges the Company, and each and every one of its affiliates, subsidiaries, parents, components, departments, predecessors, and their respective past and present successors, assigns, agents, officers, board members, executives, administrators, employees, directors, shareholders, representatives, and insurers, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries, and counsel thereto, (collectively referred to throughout the remainder of this Agreement as “Releasees”), of and from any and all claims, known and unknown, asserted or unasserted, fixed or contingent, or of any other nature whatsoever which the Employee has or may have against Releasees as of the date of execution of this Agreement and related to or arising out of his employment with Company, including, but not limited to, any alleged violation of:
a. Title VII of the Civil Rights Act of 1964;
b. Sections 1981 through 1988 of Title 42 of the United States Code;
c. The Employee Retirement Income Security Act of 1974 (“ERISA”) (except for any vested benefits under any tax qualified benefit plan);
d. The Immigration Reform and Control Act;
e. The Americans with Disabilities Act of 1990;
f. The Age Discrimination in Employment Act of 1967 (“ADEA”);
g. The Worker Adjustment and Retraining Notification Act;
h. The Fair Credit Reporting Act;
i. The Family and Medical Leave Act;
j. The Equal Pay Act;
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k. Tennessee Fair Employment Practices Law; l. Tennessee Handicap Discrimination Law; m. Tennessee Whistle Blower Protection; n. Miscellaneous Tennessee wage provisions, Tenn. Code Rev. Ann. 50-2-102 et seq.; o. Tennessee Equal Pay Law p. Tennessee Workers’ Compensation Retaliation Law
q. any other federal, state or local law, rule, regulation, or ordinance;
r. any public policy, contract, tort, or common law; or
s. any basis for recovering costs, fees, or other expenses including attorneys’ fees incurred in these matters.
t. Nothing in this Agreement shall be construed to prohibit Employee from filing a charge with or participating or cooperating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) or any state or local agency. Notwithstanding the foregoing, Employee hereby waives his or her right to recover individual relief in any such charge, complaint or lawsuit filed by Employee or anyone on his or her behalf.
u. Notwithstanding anything to the contrary in this Agreement, the waiver and release contained in this Agreement shall exclude any rights or claims that (a) may arise after the date on which Employee executes this Agreement; or (b) cannot be released under applicable law (such as worker’s compensation and unemployment insurance claims). In addition, the parties agree that this Agreement shall not adversely affect, alter, or extinguish any vested right that Employee may have with respect to any pension or other retirement benefits to which Employee is or will be entitled by virtue of Employee’s employment with the Company, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Moreover, nothing in this Agreement shall prevent or preclude Employee from challenging in good faith the validity of this Agreement, nor does it impose any conditions precedent, penalties, or costs for doing so, unless specifically authorized by applicable law.
5. Release of ADEA Claims. Without limiting its scope in any way, Employee certifies that this Agreement is a knowing and voluntary waiver of any and all rights or claims that exist or that he has or may claim to have under the ADEA, as amended by the Older Workers’ Benefit Protection Act of 1990 (“OWBPA”). Employee acknowledges that:
a. Employee has read and to fully understands the terms of this Agreement and the effect of signing the same. Employee further acknowledges voluntarily entering into this Agreement;
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b. the consideration provided pursuant to this Agreement exceeds that to which Employee would otherwise be entitled upon termination of employment without providing a release of claims;
c. Employee has been and is hereby recommended in writing to consult with an attorney prior to signing this Agreement;
d. Employee has been provided a full and reasonable opportunity to study and consider this Agreement with his or her counsel before signing it, including a period of 21 calendar days to consider it;
e. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any way the original 21 calendar day consideration period;
f. to the extent that Employee takes less than 21 calendar days to consider this Agreement prior to execution, Employee acknowledges that he or she had sufficient time to consider this Agreement with his or her counsel and that he or she expressly, voluntarily and knowingly waives any additional time; and
g. Employee is aware of his or her right to revoke this Agreement within the 7 day period following the date he or she signs it, and that if Employee does not revoke during the 7-day revocation period, this Agreement will take effect on the eighth (8th) day after the date he or she executed the Agreement.
